These are the terms and conditions applicable to the purchase and sale of custom websites among you (customer) and SexCortWebDesign.xyz. If you do not agree to be legally bound by these terms and conditions, you may notify SexCortWebDesign.xyz within forty eight (48) hours of your order and the services will be canceled with no further obligations by either party.
Failure to notify SexCortWebDesign.xyz of cancellation within such period shall be deemed to indicate that you have read and understood these terms and conditions, and agree to be bound by them.SexCortWebDesign.xyz reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. SexCortWebDesign.xyz may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following SexCortWebDesign.xyz posting of any changes or modifications will constitute your acceptance of such changes or modifications.
As consideration for SexCortWebDesign.xyz providing the Services hereunder, Customer agrees to pay SexCortWebDesign.xyz fifty percent (50% or more depending on the service)of the design fees set forth in the order upon execution of this Agreement and the rest upon completion. The initial upfront fee is non refundable, unless the customer requests to cancel services within 48 hours of placing an order. Should the cost of additional Adjustments exceed the original contract amount, SexCortWebDesign.xyz may request additional payments prior to completion of requested services. The balance, including any additional design or Change fees are due upon completion of services.
2. Provision of Services.
SexCortWebDesign.xyz will provide Customer with the Services ordered. Customer understands and agrees that SexCortWebDesign.xyz will publish the Web site solely in accordance with the information provided by Customer in written form and telephone interview.
Customer requests SexCortWebDesign.xyz to provide graphic design services as outlined in this Web site. Customer will provide SexCortWebDesign.xyz with all Content necessary for the completion of requested graphic design services. For the purposes of this agreement, Content is defined as: all artwork, photographs, logos, videos, editorial copy, text, layout information, product descriptions, prices, rates, and all other information and/or files, digital or hard copy, required for the completion of requested design services. Customer has the authority and owns or has obtained all rights and permissions including model releases, copyright permissions, etc. to use, modify and/or use above mentioned Content and grants SexCortWebDesign.xyz the right to use, modify, optimize, enhance, alter and use above mentioned Content as necessary for the completion of this Agreement. Customer will provide SexCortWebDesign.xyz with any other information SexCortWebDesign.xyz deems necessary for the completion of requested design services. SexCortWebDesign.xyz shall complete requested design services in a reasonable time and not longer than thirty days (30 or more depending on the written agreement) days from receipt of ALL Content, including Customer’s deposit and signed Agreement. SexCortWebDesign.xyz will provide all design concepts (PROOFS) via email.
Customer will have the opportunity to make up to four (4) Minor Changes to the initial design concept. For the purpose of this Agreement Minor Changes are defined as changes in color, placement of photo(s) and/or graphics, and selection of fonts. Requests for Changes must be made by the Customer to SexCortWebDesign.xyz via email. Minor Changes will be completed by SexCortWebDesign.xyz in a reasonable time and not longer than seven (7) days from receipt of Customer’s emailed request. Should Customer desire additional Changes to the design or any Changes not defined herein as a Minor Change, Customer will be notified and billed for these Changes at SexCortWebDesign.xyz published hourly Rate.
If SexCortWebDesign.xyz shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against SexCortWebDesign.xyz and Company’s officers, directors, and employees, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by SexCortWebDesign.xyz for any reason. Customer hereby acknowledges that they have read the terms and conditions associated with said Domain Name Services and agrees to be bound thereby.
6. Rights to the Web Site and Content.
Customer owns the Web site and Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to SexCortWebDesign.xyz.
7. Limited License to the Background Technology.
“Background Technology” means computer programming & formatting code or operating instructions developed by or for SexCortWebDesign.xyz and used to create any portion of a Web site or used to operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content or any derivatives, improvements, or modifications of Customer Content. Subject to the terms and conditions of this Agreement, SexCortWebDesign.xyz hereby grants Customer a perpetual, nonexclusive license to copy, distribute, transmit, display, perform, create derivative works of, and otherwise use only such Background Technology that is incorporated into a Web site, in whole or in part, solely as necessary for Customer to operate, maintain, and make the Web site available in the normal course of Customer’s business. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of SexCortWebDesign.xyz. All rights to the Background Technology not expressly granted to Customer hereunder are retained by SexCortWebDesign.xyz. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
8. Limited License to Content.
Customer hereby grants to SexCortWebDesign.xyz the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, modify, and otherwise use, any Customer Content, or any Customer Marks provided to SexCortWebDesign.xyz hereunder, solely for the purpose of rendering SexCortWebDesign.xyz Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose. SexCortWebDesign.xyz retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Customer agrees not to provide Customer Content, and SexCortWebDesign.xyz will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. SexCortWebDesign.xyz reserves the right to refuse any other subject matter it deems inappropriate.
10. Support. SexCortWebDesign.xyz agrees to provide reasonable technical support to Customer during SexCortWebDesign.xyz normal technical support hours. SexCortWebDesign.xyz additionally agrees to provide customer service support in the form of e-mail and telephone during SexCortWebDesign.xyz normal customer support hours ( phone support available only for premium members).
11. Term and Termination.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated;
(b) SexCortWebDesign.xyz may terminate this Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and
(c) upon the termination of this Agreement, Customer will pay SexCortWebDesign.xyz for all Services provided to Customer by SexCortWebDesign.xyz prior to termination.
Except as expressly provided in this Agreement, the Services and Customer Web sites are provided “as is,” and SexCortWebDesign.xyz expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Web sites provided by SexCortWebDesign.xyz to a Customer will be deemed accepted when delivered.
13. Website Hosting Service.
SexCortWebDesign.xyz offers Internet website hosting through its relationships with World Wide Web service providers who maintain a network of dedicated server computers, routers, hubs, switches, other equipment and software (collectively, the “Network”) which is integrated with the Internet. This Network sends and receives data and information in relationship to the World Wide Web. If Customer wishes to establish website hosting utilizing these hardware and software resources, they will do so in accordance with Company’s Acceptable Use Policy (AUP) and Company’s Billing Policy (BP) which is published on Company’s website. Continued use of Website Hosting Service by Customer constitutes acceptance of Company’s AUP and BP.
14. Unilateral Service Revocation.
In the event that SexCortWebDesign.xyz may at any time believes that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, SexCortWebDesign.xyz may immediately discontinue such service to the Customer without liability. This will include failure to pay, content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous, the use of unsolicited e-mail (SPAM), or tampering with network or systems, ‘hacking’, ‘cracking’ or any other attempt to alter or restrict Company’s ability to provide services to it’s customers.
This Agreement constitutes a legal and binding contract between SexCortWebDesign.xyz and the Customer and does not extend to any other person or entity.
The Customer shall indemnify and hold harmless SexCortWebDesign.xyz and Company’s officers, directors, and employees from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against SexCortWebDesign.xyz and Company’s officers, directors, and employees for any service provided to Customer by SexCortWebDesign.xyz to include content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
17. Changes in Terms of Agreement.
SexCortWebDesign.xyz reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof by publishing it to the appropriate SexCortWebDesign.xyz website, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). Customer is solely responsible for staying informed with respect to changes in this Agreement.
The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
This Agreement shall be governed by the laws of Norway. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Netherlands. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
The format, words and phrases used herein shall have the meaning generally understood in the Telecommunications/Software/Internet/Graphic Design Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
22. Entire Agreement; Amendments.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site. Should any additional or modified provisions of this Agreement be found to be unenforceable or unconscionable, it is the express intent of the parties that the Agreement on the date of the Order shall be binding on both Company and the Customer.
All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Customer via e-mail to the Customer’s e-mail address as maintained in Company’s billing records.
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
25. Assignment; Successors.
Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
26. Limitation of Actions.
No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than one year after the cause of action has arisen.
If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Company’s records of such execution shall be presumed accurate unless proven otherwise.
28. Force Majeure.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
29. Communications; Electronic Communications.
You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.
30. Limitation of Liability.
SexCortWebDesign.xyz liability hereunder shall not exceed the amount paid by customer to SexCortWebDesign.xyz during the three (3) month period before the action arose. SexCortWebDesign.xyz shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if SexCortWebDesign.xyz has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this agreement, and absent such limitations, SexCortWebDesign.xyz would not enter into this agreement.
For purposes of this Agreement, the following terms have the meanings specified below:
(a) “Agreement” means each contract created between Company and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.
(b) “Customer Content” means all data, graphics, text, names, marks, logos, hypertext links to other websites and other information incorporated in, transmitted through or published or displayed on the Customer website.
(c) “Customer website” means Customer’s site on the World Wide Web portion of the Internet that Company hosts under this Agreement.
(d) “End User” means any Person who accesses or uses the Customer website via the Internet.
(e) “Company Technology” means Company’s proprietary technology, including, without limitation, Company services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Company or licensed to Company from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of Company Technology conceived, reduced to practice or developed during the term of this Agreement by either party.
(f) “Person” means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.
(g) “Proprietary Information” means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
(h) “Order” means the Order submitted by the Customer to Company for Services, whether such Order is submitted online through Company’s website, telephone or written order form.
(i) “Terms of Service” means these Terms of Service, as the same may be modified, altered or amended from time to time by Company.
(j) “Service” means either Hosting Service or Optional Service. “Hosting Service” means the Service provided by Company in response to an Order whereby Company provides the Customer with specified connectivity, storage space and bandwidth for the hosting of a Customer website as more particularly described in the applicable Service Description. “Optional Service” means any additional Service (other than Hosting Service) Company may provide in response to an Order, as more particularly described in the applicable Service Description.
(k) “Service Description” means the applicable documents made available by Company to Customer to describe the applicable Services at the time the Order is accepted by Company.
(l) “Term” means the duration of any Agreement between Company and Customer. With respect to Hosting Services, the “Initial Term” is the initial term specified in the Order and the Term continues beyond the Initial Term for any renewal period as specified in Section 11. With respect to Optional Services, the “Term” begins when Company accepts the Order and ends on the first to occur of (i) Company’s completion of performance, or (ii) the earlier termination of the Order in any manner permitted by these Terms of Service.